Sleep apnea decisions — 2016

The Board has determined that a VA examination is needed to assess the nature and etiology of the Veteran's claimed sleep apnea, as there is insufficient evidence currently in the record to properly adjudicate the claim.

The Board denied the Veteran's claims for increased ratings for her low back disorder, right and left knee disabilities, and left hip arthritis. The Veteran was not granted service connection for sleep apnea or hypertension as secondary to service-connected conditions.

The Veteran's service-connected lumbosacral strain has been manifested by complaints of pain on motion, but does not cause limitation of flexion to 60 degrees or less, or combined range of motion of the thoracolumbar spine to 120 degrees or less. The disability affects usual occupation and daily activities.

The Veteran's claim for separate evaluations for neurological manifestations of chronic lumbosacral strain is denied. The Board finds that the Veteran does not have any neurological manifestations related to his service-connected chronic lumbosacral strain. His claim for an increased evaluation for residuals of a left meniscectomy is also denied as there are no new and material evidence submitted since the last final rating decision, and the preponderance of the evidence shows that he does not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to January 15, 2016. For the period from January 15, 2016, he is not eligible for schedular TDIU but may be eligible for extraschedular TDIU.

The Board found that the Veteran's current sleep apnea is not related to his military service and determined it was not caused or aggravated by any service-connected disabilities.

The Board found that the Veteran's lumbosacral strain did not meet or approximate criteria for a disability rating in excess of 10 percent, as his range of motion was limited to 70 degrees forward flexion and 205 degrees combined range of motion. The other issues on appeal were also denied.

The Board has granted the Veteran's claim to reopen his service connection for bilateral knee osteoarthritis and secondary service connection for degenerative joint disease of the lumbosacral region. The heart disability and bilateral hearing loss disability claims were dismissed due to withdrawal by the Veteran.

The Veteran seeks service connection for various conditions, including knee and ankle disabilities. The Board finds that some of these claims are based on secondary theories of entitlement to the right knee disability. The appeal is therefore considered 'mixed' as it includes both granted and denied issues.

The Veteran's claim for increased ratings and an earlier effective date for lumbosacral strain was denied. The Board found that the criteria for a higher rating were not met prior to January 17, 2002, and that the effective date of the 10 percent evaluation should be set at January 17, 2002.

The Board has remanded the case for further development due to a scheduling issue, and the Veteran's claims of service connection for heart problems, an acquired psychiatric disorder (including PTSD and depression), and sleep apnea are pending.

The Board has determined that the Veteran's bilateral shoulder disability did not begin in service and is not related to his active duty. However, it arose within one year of his separation from service.,The Veteran was hospitalized for a kidney stone in October 1989, which he reported as occurring during service. The condition manifested to a compensable degree within the first year after separation from service.

The Board has reopened the claim for service connection for sleep apnea and finds that new and material evidence has been received. The Veteran's current diagnosis of obstructive sleep apnea is considered to be at least as likely as not related to his active military service.

The Board has remanded the case for a video conference hearing and to schedule it. The Veteran's claims of right shoulder strain and obstructive sleep apnea are still under review.

The Veteran's back disability, including his intervertebral disc disease, is rated at 40% effective April 19, 2011. The effective date for the TDIU was extended to January 31, 2007.

The Board found that the Veteran's obstructive sleep apnea did not initially manifest during service or is otherwise etiologically related to her active military service, and it was not caused by or permanently aggravated by a service-connected disability. Therefore, the claim for service connection for obstructive sleep apnea was denied.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues include service connection for obstructive sleep apnea secondary to anxiety disorder and hypertension, as well as an increased rating for anxiety disorder.

The Veteran's current sleep apnea is at least as likely as not related to active service, while the left inguinal hernia, urinary tract infection residuals, and right and left arm numbness are not found to be directly related to service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during active military service and grants service connection for this condition.

The Veteran's appeal is being remanded to allow him a videoconference hearing before the Board, and for further development of his claims.